Termination of the community of heirs

Each co-heir can demand the settlement of the community of heirs. There are various options for implementing the settlement, i.e. the termination.

For example, if initially only one of several co-heirs wishes to leave the community of heirs, a settlement agreement can be concluded. The withdrawing co-heir then receives a certain amount of money, i.e. a type of settlement. His or her share of the inheritance, which is freed up by his or her departure, then accrues to the remaining co-heirs. However, a settlement agreement always requires the co-heirs to reach an agreement; there is no entitlement to such an agreement.

If all co-heirs wish to leave the community of heirs, a settlement agreement can be concluded. If the estate includes a property, for example, it is necessary to go to a notary. If desired, only a partial estate settlement agreement can be concluded initially, e.g. for existing cash/bank funds, and the money divided among the co-heirs according to their inheritance quotas. However, an agreement between the co-heirs is also required for a (partial) settlement agreement.

If no amicable solution is possible, the only option is to go to court. In this case, for example, it may be necessary to auction off the property. If there is already a precisely worked out division plan, i.e. a list of how the estate assets are to be divided between the co-heirs, an action for division of the estate can be filed with the court. An individual co-heir can draw up the plan and seek the consent of the other co-heir(s). However, there is always a risk that individual items of the estate or alternative ways of settling the estate will be overlooked and that the action will therefore be dismissed.

Which path is the most expedient is always a question of the individual case and depends in particular on whether all co-heirs are in agreement or not.

The above explanation is intended to provide an initial insight into the topic of terminating a community of heirs. It is not a substitute for advice in individual cases.

If you have specific questions or would like an assessment of your case, we will be happy to provide you with an initial consultation at any time. The costs of such a consultation amount to a maximum of EUR 190.00 plus VAT. The length of the consultation and the size of your assets are irrelevant.

Status: 28.11.2022